BALENDRA KUMAR @ DHYANU v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER
A482/9577/2024 · 2025-08-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166404 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166404 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47145 Court No. - 14 Case :- APPLICATION U/S 482 No. - 9577 of 2024 Applicant :- Balendra Kumar @ Dhyanu Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jayveer Rajput Counsel for Opposite Party :- G.A.,Akhil Anand Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the parties and perused the record.
2. Instant application under section 482 Cr.P.C./528 of the B.N.S.S. has been filed with the prayer to quash the charge- sheet no.102/2020 dated 05.06.2020 filed in Case Crime/FIR No.0136/2020, under Sections 376, 323 and 506 IPC lodged at Police Station Ajgain, District Unnao as well as to quash the
order dated 12.06.2020 passed by the learned Additional Sessions Judge/F.T.C.-I, Unnao in Sessions Trial No. 353 of 2021 by means of which the applicant has been summoned.
3. It is argued by learned counsel for the applicant that the FIR was lodged on 23.05.2020 under Sections 376, 323 and 504 IPC at Police Station Ajgain, District Unnao and thereafter charge- sheet was filed and the applicant was summoned. He submitted that in fact before lodging of the FIR by the alleged victim herself, she performed marriage with the applicant on 17.03.2020 and since then they are living as husband and wife.
4. He added that incidentally the applicant and the alleged victim are present before this Court. They have been duly identified by their respective learned counsels. On query being made, the alleged victim replied that under some misconception she lodged the FIR just after two months of performing the
marriage with the applicant. She also submitted that she is living with the applicant as his wife and she is happy.
5. Learned counsel appearing for the alleged victim/informant has also supported the submission of learned counsel for the applicant and submitted that the criminal proceeding against the applicant may be quashed.
6. Considering the aforesaid submission of learned counsel for the parties and perusing the record, including the statement of the alleged victim, it transpires that concealing the marriage with the applicant; the FIR was lodged on 23.05.2020, whereas it has been stated that the marriage was solemnized on
17.03.2020. The alleged victim has also stated before this Court that she has performed the marriage and she is living as wife with the applicant and there is no dispute and further she submitted that the criminal proceeding against the applicant may be dropped.
7. Considering the aforesaid, the application is allowed and all the proceedings, arising out of Case Crime/FIR No.0136/2020, under Sections 376, 323 and 506 IPC lodged at Police Station Ajgain, District Unnao, including the charge-sheet no.102/2020 dated 05.06.2020 and the order dated 12.06.2020 passed by the learned Additional Sessions Judge/F.T.C.-I, Unnao in Sessions Trial No. 353 of 2021, are hereby quashed. . [Shree Prakash Singh,J.]
Order Date :- 12.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench